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Patna High Court

Bhaglu SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court did not grant the writ of mandamus and disposed of the petition.

Summary

Petitioner Bhaglu Sah alleged that private respondent Gang Bahadur Paswan forcibly occupied his land in Mouza Sonma using forged documents while a title suit (No.17/2013) was pending. He sought a writ of mandamus directing various state officials to restore possession and take action against the private respondent. The petitioner’s counsel indicated he would approach the appropriate authority for redress, and the State counsel raised no objection. The court, after hearing, granted the petitioner’s liberty to approach the authority and disposed of the writ petition without granting the writ. Consequently, no relief was awarded and the petition was closed.

Issues considered

  • Whether a writ of mandamus can be issued directing state officials to restore possession of land and act against a private respondent who allegedly occupied the land using forged documents.

Subjects

  • writ of mandamus
  • possession
  • land dispute
  • forged documents
  • title suit
  • civil writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.445 of 2026
                 ======================================================
                 Bhaglu Sah S/o Banarsi Sah, Resident of Village-Sonma, P.S.-Bakhri,
                 District-Begusarai.
                                                                            ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar through the Principal Secretary, Department of Revenue
                  and Land Reforms, Government of Bihar, Patna.
           2.    The Divisional Commissioner, Munger.
           3.    The District Magistrate, Begusarai.
           4.    The Deputy Collector Land Reforms, Bakhri, Sub-Division, Begusarai.
           5.    The Sub Divisional Officer, Bakhri, Sub-Division, Begusarai.
           6.    The Circle Officer, Garhpura Circle, Sub-Division, Bakhri, Begusarai.
           7.     The Gang Bahadur Paswan, S/o Late Kari Paswan, Resident of Village-
                  Sonma, P.S.-Bakhri, District-Begusarai.
                                                                   ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Nakul Kumar Jamuar, Advocate
                 For the State            :      Mr. Government Advocate (2)
                                          :      Mr. Rajan Prakash, AC to GA-2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   19-01-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                                  “for issuance a writ of mandamus

                                        commanding and directing to the respondents

                                        concerned to give the possession on the land of

                                        petitioner, on which the private Respondent no.7

                                        forcibly occupied the land of the petitioner on

                                        the basis of forge documents, in fact the land in

                                        question, Mouza Sonma, Touzi No. 643. Thana

                                        No. 139, Khata no. 201, Khesra No. 2021, Area-

                                        6 Katha 9 Dhur, and on which the respondent
            Patna High Court CWJC No.445 of 2026(2) dt.19-01-2026
                                                        2/2




                                         no.7 filed a Title Suit over the land in question

                                         bearing Title Suit No.17/2013, which is going on

                                         and during the pendency of title suit the Private

                                         respondent No.7 forcibly occupied the said land

                                         on which the petitioner was coming ion peaceful

                                         possession, and further direction may be given to

                                         the Respondents concerned to look into this

                                         matter and take action accordance with law

                                         against the Respondent No.7. And/or any other

                                         relief or reliefs for which the petitioner is found

                                         entitled to in the facts and circumstances of this

                                         case.”


                                  3. After some arguments, learned counsel for the

                      petitioner submits that he shall be approaching the appropriate

                      authority for the redressal of the grievance.

                                  4. Learned State counsel has no objection.

                                  5. In that background, granting said liberty, the writ

                      petition is disposed of.



                                                    (Rajiv Roy, J)
vinayak/-

U


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